East San Jose Fatal Pedestrian Crash at Story Road and King Road Under SJPD Investigation - GoSuits

East San Jose Fatal Pedestrian Crash at Story Road and King Road Under SJPD Investigation

  • Sean Chalaki
  • January 30, 2026
  • Blog, News
East San Jose Fatal Pedestrian Crash at Story Road and King Road Under SJPD Investigation

What we know about the East San Jose fatal pedestrian collision

Late Tuesday morning in East San Jose, a person walking near the intersection of Story Road and King Road was struck by a driver and tragically died at the scene. According to the San Jose Police Department’s initial public update, the collision was reported at approximately 11:19 a.m. The involved driver remained on scene and spoke with investigators while surrounding roadways were closed so the SJPD Traffic Investigations Unit could document and analyze evidence.

This incident marked the city’s second pedestrian death within three days. Over the weekend, a separate fatal hit-and-run occurred in West San Jose near South Bascom Avenue and Borello Drive. As of the latest update, investigators had not announced arrests related to the Sunday hit-and-run, and the Tuesday case remains under investigation. Families and community members are understandably looking for answers: what happened, what comes next, and what support is available.

Locals know this intersection and why it sees so much foot traffic

San Jose residents who drive or walk Story and King know how busy this junction can be throughout the day. It sits along an active commercial corridor that connects East San Jose neighborhoods like Mayfair and Little Saigon, with small businesses, groceries, and services drawing steady foot traffic. The lunch hour can be especially hectic, with shoppers and workers crossing in multiple directions and vehicles turning from all corners.

Anyone who has tried to navigate the area on foot knows the everyday challenges: watchful crossing, multiple turn lanes, and the need to predict whether a driver will yield. Even with marked crosswalks and traffic signals, the combination of vehicle speed, turning movements, and frequent pedestrian crossings can create risk. That is not to say fault in any individual crash rests with one side or another. Rather, it is a reminder of how quickly situations at complex intersections can turn dangerous, and why thorough, careful investigations are essential.

Evidence police collect at scenes and how long investigations can take

When SJPD’s Traffic Investigations Unit responds to a fatal collision, officers and collision reconstruction specialists typically document the scene in painstaking detail. That often includes roadway measurements, tire marks, debris fields, vehicle damage mapping, photographs, and any available data from vehicle modules. Investigators will also seek witness statements, nearby business security video, bus or public transit video if applicable, and any traffic camera footage that might exist. The process can extend beyond the day of the crash as new leads emerge or as lab analysis becomes available.

It is normal for a final report to take weeks or sometimes longer, depending on the complexity. Families can request the collision report after it is finalized. If there is a medical examiner investigation, those findings often take additional time because autopsy and toxicology reports must be completed before a full record is released. While it is difficult to wait, the detail in these reports helps clarify what happened and why.

Rights and responsibilities under California pedestrian and driver laws

California law sets clear expectations for both drivers and people walking. In marked or unmarked crosswalks at intersections, drivers must yield the right-of-way to pedestrians, and must approach with due care to safeguard those crossing the roadway [1]. Drivers are also prohibited from overtaking another vehicle that has stopped at a crosswalk to let a pedestrian cross, since doing so can conceal a person walking from view [2].

Pedestrians also have duties. Outside crosswalks, they must yield to vehicles, and they are cautioned not to suddenly leave a curb or place of safety into the path of a vehicle so close as to pose an immediate hazard [3]. These rules are not designed to assign blame in any one case. Instead, they reflect the shared responsibility on San Jose streets where drivers, walkers, and cyclists interact every day.

Because each crash is fact specific, determining whether any party failed to use reasonable care requires a full investigation that looks at signals, sight lines, lighting, speed, positioning, and human factors. California’s negligence rules and the pedestrian statutes inform that analysis, but they do not dictate outcomes until all evidence is assessed.

How to obtain official records in Santa Clara County

Several public agencies manage records relevant to a fatal traffic collision in San Jose. Here is where families or authorized representatives can turn when they are ready.

  • San Jose Police Department collision report. Collision reports are typically available from SJPD once the report is complete and approved. The city provides instructions for requesting a police report, including forms of identification, incident details, and any fees required. Requests can be made through the city’s police records channels [4].
  • Medical Examiner-Coroner records. The Santa Clara County Medical Examiner-Coroner handles autopsies and official cause-of-death determinations for the county. Families can request autopsy reports, death certificates, and related records through the county process. Some materials may take time if lab work is pending [5].
  • Public records from the City of San Jose. Families or their representatives may also seek relevant public records, like traffic signal timing sheets or maintenance logs, through the city’s public records process. California’s Public Records Act provides a framework for requesting such records from public agencies [6].
  • Claims against the City. If there is a question about roadway design, signalization, lighting, or maintenance, California law generally requires filing a claim with the city before filing a lawsuit. The City of San Jose provides claim procedures and deadlines. In California, many claims against public entities must be filed within six months of the incident, subject to specific rules [7][8].

When requesting sensitive records, agencies may require proof of next-of-kin status or legal representation. If you are unsure which documents you need, agency staff can explain what is available and what they can release under law.

Preserving video and other evidence quickly

Time matters for preserving video at busy intersections like Story and King. Many private security systems and some traffic cameras overwrite footage periodically. Businesses near the intersection, such as shops along Story Road or King Road, may have helpful angles of the crosswalks or turn lanes. It is often wise to notify potential video custodians right away and ask them to preserve footage for the date and time of the collision. Public agencies can be asked for records under California’s Public Records Act, while private businesses can be contacted directly. If a legal claim is anticipated, a formal preservation letter can be important.

For more detail on how video requests work and how to frame them, see our in-depth guide on how to request CCTV footage after a California car accident. Acting quickly increases the chances of finding clear footage that shows traffic signal phases, vehicle positions, and pedestrian movement.

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Civil liability questions families often consider

After a fatal pedestrian collision, families naturally ask who may be legally responsible. In general, potential civil liability can involve one or more of the following, depending on the evidence:

  • The driver. If a motorist failed to yield to a pedestrian in a crosswalk, failed to keep a proper lookout, or was otherwise negligent, civil liability may attach based on California negligence standards and pedestrian right-of-way laws [1].
  • The vehicle owner. If the driver was operating a vehicle owned by another person or a business and had permission, California law can impose owner liability up to statutory limits through permissive use principles. Whether this applies depends on the facts and the vehicle’s ownership.
  • A public entity. In limited circumstances, a public entity may face a claim based on dangerous condition of public property, such as alleged inadequate lighting, obscured sight lines, or problematic signal timing. These cases require strict notice under the Government Claims Act and evidence that a condition created a substantial risk when used with due care. Filing deadlines are short [7][8].

Every situation is different, and liability can be shared. Witness accounts, physical evidence, and official findings all contribute to assessing responsibility. Early contact with wrongful death attorneys can help families understand their options, preserve evidence, and avoid common pitfalls when communicating with insurers or custodians of critical records.

Insurance issues after a pedestrian fatality

Insurance questions rise quickly after a fatal crash at an intersection like Story and King. Typically, the driver’s auto liability policy is central. If the driver lacked adequate coverage, a pedestrian’s own uninsured or underinsured motorist coverage may apply in some circumstances. The claims process can be complicated, and statements to an insurer can be used later to limit or dispute liability and damages. Consider talking to an attorney first before providing recorded statements or signing releases. It is also worth documenting all communications and keeping copies of correspondence and forms.

California regulators provide consumer information about insurance claims, timelines, and complaints, which can be helpful when navigating delays or denials [9]. In addition, if a commercial vehicle was involved, there can be multiple policies, layers of coverage, and questions about employment or contractor status that affect who pays. San Jose wrongful death attorneys familiar with multi-policy claims can help identify all potential sources of coverage so families are not left carrying costs that an insurer should address.

Community safety, Vision Zero, and what the data shows

San Jose’s Vision Zero program focuses on preventing severe and fatal crashes through a mix of engineering, education, and enforcement. The city has identified corridors with higher injury rates and implements solutions like high-visibility crosswalks, leading pedestrian intervals, signal timing changes, traffic-calming, and lighting upgrades, particularly in areas with heavy pedestrian activity like East San Jose [10].

At the state and national levels, the data reflects a persistent challenge. NHTSA’s traffic safety analyses show that pedestrians are at greater risk of severe injury due to the lack of protective vehicle structure. Many severe pedestrian crashes occur at intersections, especially where turning vehicles are involved, and during daylight as well as dusk and evening hours [11]. California-wide traffic data, which agencies compile through systems like SWITRS, helps identify trends and guide improvements on high-injury networks across cities including San Jose [12].

Community members can contribute to safety by reporting broken streetlights, damaged crosswalk markings, or near-miss locations to the city, and by participating in local outreach when San Jose evaluates safety projects. It is often neighbors who first notice when a corner needs better visibility or when a walk signal does not provide enough time for older adults to cross.

Practical next steps and timing

In the days and weeks after a fatal pedestrian crash, there is a lot to process. Some steps are time sensitive, and others can wait until the official record is complete. Consider the following general sequence, adjusting to your family’s needs.

  • Within days:
  • Identify the incident number and investigating unit with SJPD. This helps later when requesting the collision report [4].
  • Politely ask nearby businesses if they have exterior cameras that might have captured the intersection or approach paths. Provide the precise time window and request that footage be preserved.
  • If you plan to seek public records, prepare a simple written request under the Public Records Act to the City of San Jose for relevant traffic or signal records. Keep a copy of your request and confirmation [6].
  • Speak with an attorney before engaging with any auto insurer. Recorded statements and early releases can affect your options later.
  • Within weeks:
  • Request the SJPD collision report once it is available and any supplemental diagrams or photographs they can release [4].
  • Request the autopsy report and death certificate from the Santa Clara County Medical Examiner-Coroner when ready [5].
  • Track deadlines if there is any potential claim against a public entity. Many such claims must be submitted within six months [8].
  • Document out-of-pocket costs, memorial expenses, and time missed from work attributable to arrangements or grief care. These can be important later in insurance claims.
  • Ongoing:
  • Consider the California Victim Compensation Board for eligible expenses associated with violent crimes or certain losses; eligibility depends on the situation [13].
  • Keep a log of every call or email with insurers or agencies. Save copies of all forms and letters.

Why acting now matters

Several clocks begin ticking right away after a fatal roadway incident. Video data can be overwritten, witnesses’ memories fade, and public entity claim deadlines approach fast. Early steps help preserve clarity about what happened and protect long-term options.

  • Exact next actions:
  • Preserve potential video by asking nearby businesses to save footage for the time of the collision.
  • Submit a simple written public records request for any relevant city-held records.
  • Consult an attorney before speaking with any insurer.
  • Collect and organize relevant documents: incident number, contact info for investigators, receipts, and any photographs.
  • Why now:
  • Camera systems often auto-delete in days or weeks.
  • Public entity claims can have a six-month deadline from the incident date.
  • Insurance adjusters may call early; unguarded statements can be used later.
  • Early organization reduces stress when official reports become available.
  • Outcome of acting promptly:
  • Better evidence quality to understand the sequence of events.
  • Fewer obstacles when coordinating with agencies and insurers.
  • Clearer path to pursue available civil remedies if appropriate.

Preserve video evidence Request official records Consult an attorney first Organize documents and timelines

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Commentary from Gosuits San Jose, California Personal Injury Attorney

Our hearts are with everyone affected by the tragedy near Story and King. Losing a loved one in a sudden pedestrian collision is painful beyond words, and we extend our sincere condolences to the family and friends mourning right now. The information here is meant for general education and to help the community understand the steps and systems involved after a fatal crash.

From a civil injury perspective, intersections like Story and King can combine heavy turning traffic with constant foot crossings. That mix demands extra care from everyone, especially drivers approaching crosswalks. The investigation will look at whether each party exercised reasonable care under the circumstances, considering pedestrian right-of-way rules, visibility, and signal phases. It is appropriate that investigators are taking the time to gather complete facts before drawing conclusions.

Insurance companies and large entities often move quickly after a fatal collision, and they understand these systems well. They may seek early statements, ask for broad medical authorizations, or suggest quick resolutions before families have obtained all the evidence. That knowledge gap can work against those most affected. Having a seasoned advocate early helps level the playing field by preserving proof, identifying all available coverage, and preventing missteps that can limit recovery later.

It is also why a free consultation can be important. It provides space to ask questions about timelines, claims processes, and evidence without pressure. Whether a family decides to handle matters on their own or to retain counsel, upfront guidance can clarify options and reduce uncertainty at a difficult time.

References

  1. California Vehicle Code 21950, Pedestrians’ Rights and Duties – California Legislative Information
  2. California Vehicle Code 21951, Overtaking Vehicle Stopped for Pedestrian – California Legislative Information
  3. California Vehicle Code 21954, Pedestrians Outside Crosswalks – California Legislative Information
  4. Police Reports and Records Requests – City of San Jose
  5. Records Request – Santa Clara County Medical Examiner-Coroner
  6. California Public Records Act Overview – Office of the Attorney General
  7. Claims Filing with the City – City of San Jose
  8. California Government Code 911.2, Time for Filing Claims – California Legislative Information
  9. Insurance Claims and Complaints: Consumer Help – California Department of Insurance
  10. Vision Zero San Jose – City of San Jose
  11. Pedestrian Safety – National Highway Traffic Safety Administration
  12. SWITRS: Statewide Integrated Traffic Records System – California Highway Patrol
  13. California Victim Compensation Board – State of California

FAQ

What should I do immediately after a pedestrian fatality accident?

Immediately after a pedestrian fatality, you should identify the incident number with the San Jose Police Department (SJPD), request nearby businesses to preserve any video footage, and consider consulting an attorney before making any statements to insurers.
Learn more

Disclaimer

This article is provided solely for general informational and educational purposes. It is not intended as legal advice and should not be relied upon as such, particularly by individuals affected by the incident discussed. Reading this article does not create, nor is it intended to create, an attorney–client relationship.

An attorney–client relationship with our firm can only be established through the execution of a written contingency fee agreement signed by both the client and the law firm. If you are a victim of this incident, you should not interpret the information herein as legal advice. Instead, we strongly encourage you to contact an attorney of your choice to obtain a proper consultation tailored to your specific situation.

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Sean Chalaki - Principal/Founder of Gosuits.com

Sean Chalaki

About the Author

Sean Chalaki, is widely recognized as one of the best personal injury lawyers in Texas and California, known for his exceptional courtroom results, cutting-edge legal...
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